What Makes Trucking Cases Difficult?

 

The trucking industry works overtime to produce studies and testimony in order to shift blame for truck crashes from truck drivers to passenger car drivers. A lawyer with experience in handling trucking cases should be aware of the different types of misleading information and know how to counter these studies in court. Some of the other difficulties often encountered in bringing truck crash claims include:

 

• Falsification of Records: Companies may pressure truckers to falsify logs showing how long they have been driving without a rest. This pressure can lead to drivers being overworked and fatigued, which can result in accidents. Not all lawyers know the tricks the industry uses to reduce apparent drive time. A truck accident attorney should know how to discover if driver logs have been falsified. Similarly, a lawyer must be able to decipher hidden messages in company manuals that convey a company’s real (sometimes illegal) expectations about how to perform the job and how much to drive. Trucking industry support services sometimes facilitate log falsification, and thus truck crashes. For example, fueling stations have been known to refrain from printing the time of purchase on driver receipts, which if printed could help determine how much a trucker was driving. An experienced attorney will know how to uncover these scams.

 

• Company Rules Set Down on Paper But Not Followed: Federal and state regulations that are designed to reduce truck crashes by discouraging and preventing truck driver substance abuse are sometimes ignored. Attorneys experienced in truck accident litigation can identify deficiencies in the design and implementation of company procedures.

 

• Several Parties In Control of Equipment: Tracing the origins of an equipment failure can be difficult, considering the fact that something like a bad brake might have come straight from the truck’s manufacturer in that condition, might have been replaced in a shoddy manner or might have been maintained improperly. An experienced attorney will partner with a team of investigators and experts to pin down the cause of the brake failure and place blame for the accident on the appropriate parties.

 

• Litigation Financing: Government entities and large commercial trucking companies have extensive financial resources to vigorously defend themselves against claims and property losses. Your attorney may need to hire technical experts to identify the appropriate defendants in your case, analyze their level of responsibility and prove to a judge or jury that you, as the victim of the truck crash, are entitled to recovery. In serious or catastrophic injury cases, costly medical experts will also be required to show the extent of your injuries. Prosecuting a truck accident claim is complicated and requires the use of many resources. You should select a lawyer whose firm not only has ample financial resources to fight large and well-financed defendants, but has consistently shown a willingness to use its resources vigorously to obtain optimum results for victims.

 

• The Advantage Goes to the Swift: The trucking company probably had its representatives at the scene of the truck crash almost as soon as the accident happened, whereas you may have been slow to act due to your injuries or shock. The most effective way to counter a trucking company’s early advantage is to obtain effective legal representation, without delay.

 

• Preserve Evidence: It is important to preserve evidence as quickly as possible. Critical evidence, like driver logs, computer records and on-board “black box” data – which can be decisive in proving why a truck accident occurred – must be secured before it is destroyed or disappears. Federal regulations permit trucking companies to destroy driver logs and other essential data after only six months. These items are often vital to lawyers and accident reconstruction experts in determining the causes of the accident. They should be retrieved and safely stored by your attorney while they are still available.

 

 

We Go After All Liable Parties

 

 

Truck accident cases can be complex and expensive to prosecute. After an accident, you should realize that various possible defendants might be liable and responsible for compensating you for your injuries and losses. Sorting out negligent defendants is a complicated process, and another reason why prompt investigation and liability analysis are crucial. Potential defendants who may be liable to you for your injuries and property loss include:

 

• Parties to the Truck Accident: These can include the truck driver and drivers of other vehicles who may have contributed to the trucking accident.
  Defective Products Manufacturers and Retailers of the Truck: Product defects that are present when the truck, its tires, engine parts or other components were manufactured can contribute to a truck crash.

 

• Employers of the Truck Driver: The owner of the truck or trucking company may not be at the wheel when the crash occurs, but that owner may be liable for the truck driver’s negligence. Sometimes, the owner may also be potentially liable for punitive damages when the conduct of the owner is particularly egregious. For example, if the trucking company cut corners by requiring drivers to drive too many hours, leading to driver fatigue and a truck accident, this may lead to additional damages imposed on the truck company, in the form of punitive damages. An effective truck accident lawyer can identify the responsible parties and determine if they followed applicable rules and regulations designed to prevent truck crashes.

 

• Repair Facilities Responsible for the Truck’s Maintenance: A repair facility that made faulty repairs to the truck that collided with your vehicle may have contributed to your truck crash. Your truck accident lawyer should have sufficient resources to investigate and pursue actions against these defendants.

 

• Government Entities Responsible for Maintenance of the Roads: Truck accidents may occur because the government has failed to ensure that the road would not be dangerous for prudent drivers. Some truck crashes may have been preventable, had guardrails and other safety measures been in place. Your attorney should investigate the history and condition of the truck crash site.

 

 

Choose Hurt On The Highway

 

If you or a loved one has been involved in a trucking accident and need a free immediate consultation, we are the best option. After an accident, you not only need experienced and undefeated counsel, you also need a law firm that caters to all of your needs while also preparing your case for the courtroom. Many law firms act as if they are trial lawyers, but later refer your case to us, or someone like us - so why not start with us? Contact us today to see how we can best assist in bringing a viable case on your behalf.